Download Reporting Human Rights

REPORTING
human
rights
A practical guide
for journalists
Foreword BY Jon Snow
About Media Trust
At Media Trust we believe that everyone should have a voice
and the opportunity to be heard.
We are the UK’s pre-eminent communications charity. Our
corporate members include BBC, Channel 4, Daily Mail and
General Trust, Disney Channel UK, Guardian Media Group,
IPC Media, MTV Networks UK and Ireland, News International,
Newsquest Media Group, OMD, Sky, Virgin Media TV and
Warner Bros.
We work with media organisations and charities to enhance their
communications and enable communities to find their voice
and make it heard.
Share your experience
If you’ve got media, marketing or communications skills and
would like to use your experience to help support the charities or
young people we work with, we’ve got a volunteering opportunity
that will suit you.
REPORTING
human
rights
A practical guide
for journalists
They include…
■Providing
one to one support to a charity
■Supporting
a young person on their media project
■Sharing
your experience by speaking at an event
■Making
a film that’ll help change lives
Get in touch with us to find out more at
[email protected]
www.mediatrust.org www.communitychannel.org
The Media Trust registered charity no. 1042733
1
REPORTING HUMAN RIGHTS
A practical guide for journalists
CONTENTS
FOREWORD
JON SNOW INTRODUCTION BOB SATCHWELL CHAPTER 1
THE FACTS
5
CHAPTER 4MAKING CONNECTIONS
57
6
Older people
People with disabilities
People in poor health
Young people
Carers
The environment
62
67
73
77
80
83
8
What are human rights? Who has human rights? Different types of rights
Principles protecting human rights
Rights protected under the Human Rights Act
How does the Human Rights Act protect us?
A British Bill of Rights
Scotland, Wales and Northern Ireland
Statutory bodies dealing with human rights
Why do human rights matter?
10 key things about human rights
10
12
13
15
18
20
21
21
22
24
26
CHAPTER 2
THE MYTHS
Eight myths about human rights
Why have these myths taken hold?
28
30
32
CHAPTER 3
REPORTING HUMAN RIGHTS
36
The importance of accuracy
Accurate reporting
Inaccurate reporting
When journalists lack information
Reporting inaccuracies Getting the balance right
Politicising human rights
The importance of language
The power of images
How can reporting be improved?
37
38
41
42
44
44
47
50
53
55
2
CHAPTER 5
RESOURCES AND CONTACTS
87
Reporting standards and codes of conduct
Contacts in the media
Official and statutory bodies
Organisations with a rights-based approach
87
89
92
95
APPENDIX
Notes about the authors
103
References
104
3
FOREWORD BY JON SNOW
NEWSCASTER
CHANNEL 4 NEWS
At last, a guide to the Human Rights Act that is both accessible
and plain speaking.
It would be hard to exaggerate the depth of the media’s
ignorance over just about everything to do with the Act. This is
a complex and in some ways confusing piece of legislation,
which of course had the added aspect of having become part
of UK law via its origins in the European Convention on Human
Rights (despite the reality that Britain has been signed up to the
Convention for fifty years and UK lawyers helped draft it).
Consequently, many of the Act’s legal ramifications have
become entwined with the political debate. It was in part to
address both the complexity and mythology that had grown
up around the Human Rights Act that the Society of Editors has
supported the writing of this guide.
This is not a book that many journalists are likely to read from
cover to cover. The intention – through the use of headings,
subheadings, and a comprehensive contents section – is to
use this guide as a ready reference resource.
The Act is put into its historical perspective – born of the dying
embers of the Second World War – many of the standard
myths surrounding it are posed and dispelled. The fundamental
principles of human rights are set out.
There’s an excellent section identifying specific examples
of accurate and inaccurate reporting on human rights.
For myself, I believe the true value of the Act is only now
becoming more widely understood and supported in the
population at large. I’m convinced that assisting journalists
to understand the Act really will serve to consolidate the Human
Rights Act at the very heart of our democracy.
4
5
INTRODUCTION
BY Bob Satchwell
Society of Editors
Executive Director
Human rights are fundamental freedoms to which all people
are entitled. They are about being treated with dignity and
respect. They are especially important to vulnerable or less
powerful people – children, those in ill health or in care. But they
apply to all and this guide is designed to help journalists explain
just what they are.
Human rights law grew out of a desire to prevent repetition of the
behaviour of totalitarian regimes and the horrors of the Second
World War. The aim was to protect citizens from oppression by
the state. That led to the adoption of the Universal Declaration of
Human Rights in 1948 and the European Convention on Human
Rights, an international agreement of the Council of Europe – not
the European Union – which came into force in 1953.
British lawyers, politicians and civil servants contributed
significantly to the development, which meant that they
incorporated rights and freedoms won over centuries and which
were already part of British Common law.
It is hard to believe that any journalist would be opposed to
“human rights” but that does not mean that we should not
question legislation or even suggest it should be repealed or
amended. What is important is that journalists and our readers,
listeners and viewers come to conclusions about the issues
based on the facts. We are entitled to ask why lawyers with a
vested interest make such a legal minefield of those issues, or
why bureaucrats, jobsworths, or those who should know better,
misuse the law.
all decisions in public life should be made. They also provide
a framework for interpreting other laws while preserving the
sovereignty of Parliament.
But the Human Rights Act was never meant to be just a legal tool.
Its values – fairness, respect, equality, dignity and autonomy – say
something fundamental about how we should treat one another
and provide a value system that should underpin the way our
public services are developed and delivered.
The Human Rights Act has frequently been misunderstood. Myths
have grown up which become entrenched.  Balance is supposed
to be inbuilt. Most individual rights can be limited or qualified to
take account of public safety and the wider rights of everyone.
In the case of the media there is on-going debate about the
balance that has to be struck between freedom of expression
and privacy.
How we treat those who behave badly is one test of a mature,
free society but not at the expense of the majority. Human rights
affect how our children are treated at school, and what standard
of care we receive in hospital or in a nursing home. They are
particularly important for those whose dignity and autonomy are
most at risk. There is nothing in human rights that should prioritise
the criminal over the victim, the terrorist over the law-abiding
public or the immigrant over the citizen. Journalists have an
important role to play in helping to debunk the myths and in
challenging those who undermine human rights by using a
well-intentioned Act to justify inappropriate political correctness.
The rights in the European Convention were encapsulated in the
Human Rights Act in 1998. This requires all public authorities in the
UK to uphold and act in accordance with the basic 15 human
rights found in the Act that lay down the principles by which
6
7
Chapter one
The Facts
Responsible
human rights
reporting means
having the facts
right…it’s not to
say we should
never criticise
Martin Bentham, Home Affairs Editor, Evening Standard
8
9
WHAT ARE HUMAN RIGHTS?
Human rights are a series of rights
and freedoms that all human beings
are entitled to. They are about being
treated with dignity and respect.
Although some of our rights date back to Magna Carta and
the 1689 Bill of Rights, modern human rights developed in
response to the atrocities of the Second World War. To try to
avoid such atrocities happening again, the values that underlie
human dignity and equal worth were clearly set out by states in
declarations and international agreements.
The Universal Declaration of Human Rights (UDHR)
The UDHR – the best known human rights charter – was drafted in
1948. It sets out a broad range of civil, political, economic, social
and cultural rights and it has inspired all subsequent human
rights treaties.
The European Convention on Human Rights (ECHR)
British lawyers, civil servants and politicians had a big hand
in drafting this document. Sir David Maxwell Fyfe, British
Conservative Party politician, a lawyer and a judge who was
Solicitor General, Attorney General and Lord Chancellor at
various times during his career, was Chair of the Committee
which drafted the ECHR. The ECHR was agreed in 1950 and
came into force in 1953. The ECHR is a binding international
agreement that the UK has been obliged to comply with for over
half a century.
The ECHR is a treaty of the Council of Europe (not, as is often
thought, of the European Union). The Council of Europe, which
is made up of 47 member countries, was founded in 1949 and
seeks to develop democratic principles based on the ECHR,
throughout Europe.
10
The ECHR contains fundamental civil and political rights, but for
many years it was not fully part of UK law. Until 2000, to make a
complaint about a breach of a human right under the ECHR
usually meant taking a case to the European Court of Human
Rights, based in Strasbourg, France. The Court is made up of 47
judges, one for every state that has signed up to the ECHR. This
process could be very slow, time-consuming and expensive.
The European Court of Human Rights has said that the ECHR
should be a ‘living instrument’ – it should be interpreted in the
light of changes in societies and in values. So the fact that a
case has failed in the past does not mean it will necessarily fail
in the future.
Example: A transsexual woman successfully
argued that her convention rights were breached
by the UK government’s failure to provide legal
recognition of her change of sex. The Court found
that traditional arguments used by the
UK government were no longer sustainable.
The Human Rights Act (HRA)
Although it was passed in 1998, the HRA did not come fully
into effect until 2 October 2000. From then, it enabled our own
courts to deal with human rights issues. It means people don’t
necessarily have to go to the European Court of Human Rights to
have their case heard, they can get it heard ‘at home’, which is
why the HRA was often referred to as ‘bringing rights home’.
But the HRA is not only a legal tool. Its values – fairness, respect,
equality, dignity and autonomy – inform the way society
operates and say something fundamental about how we should
treat one another.
11
Who has human rights?
Human rights are basic standards
that apply to all individuals,
irrespective of who they are.
They are particularly important to some of the more vulnerable
or less powerful people in our society, such as children, disabled
people or those in care. But they apply to all.
Different types of rights
Civil, political, economic, social and cultural rights
The rights in the European Convention on Human Rights (ECHR),
and protected by the Human Rights Act (HRA), are civil and
political rights. These are rights like the right to life, the right to
liberty and the right to free association (see the following section
for a full list).
Other international human rights treaties protect not just civil and
political rights but also rights that protect economic, social or
cultural interests – such as the right to adequate food, the right to
the highest attainable standard of physical and mental health,
and the right to work. But these rights are not incorporated into
UK law.
Even when talking about civil and political rights it is important to
understand they are not all the same. Some are absolute, some
are limited and some are qualified, as explained below.
Absolute rights
Very few rights, such as the right not to be tortured and the
prohibition of slavery, are absolute. States cannot opt out of such
rights under any circumstances, not even during war or a public
emergency. Also, there can be no justification for interfering with
such rights. However, the threshold for an absolute right is high
and only very serious ill-treatment amounts to a breach of an
absolute right.
Limited rights
Many more rights are limited. One of these is the right to liberty,
which sets out situations in which a person can lawfully be deprived
of their liberty, such as when arrested or convicted of a crime. States
may opt out of these rights in times of war or public emergency.
12
13
Principles protecting
human rights
Qualified rights
Many other rights are qualified. These rights can be restricted to
protect the rights of other individuals or the public interest. This is
an important concept as it enables us to balance rights against
other interests, using the notion of proportionality. States may opt
out of these rights in times of war or public emergency.
Qualified rights include:
■the
right to respect for private and family life, home
and correspondence
■ freedom to manifest religious belief
■ freedom of expression
■freedom of assembly and to associate with others.
These rights can be restricted for reasons such as:
■ national
security
■ public safety
■ economic welfare of the country
■ public health
■ prevention of disorder or crime
■ to protect the rights of other people.
The list of reasons is slightly different for each right and can be
found in the text of the relevant Article which defines the right.
To illustrate how these rights work, parents may have the right to live
with their children (as part of their right to respect for family life, one
of the rights in the ECHR), but this may be restricted to protect the
rights of children, if their health and well-being are at risk.
However even if there is a good reason to restrict a qualified right,
any action taken must be proportionate to the end being sought
(see the section on proportionality immediately opposite).
14
Some important general principles
are applied to how human rights
are interpreted in practice.
Proportionality
Proportionality comes to bear when protecting human rights.
Even if there is a legitimate reason for restricting a qualified right
(such as preventing a crime or protecting the rights of others),
the means used to achieve this must not be excessive in the
circumstances. If the means are excessive, the right will have
been breached. An easy way to understand proportionality is –
not to use a sledgehammer to crack a nut.
Example: A blanket policy allowed prison officers to
search prisoners’ letters in their absence for security
reasons. The prisoners did not object to the searches per
se, but wanted them to take place in their presence. The
court held that this blanket policy was disproportionate
and interfered with the right to respect for privacy and
correspondence as a less restrictive but equally effective
alternative was possible – to exclude prisoners only if it
was felt they would intimidate staff or disrupt the search.
Negative obligations
Human rights are primarily about regulating state rather than
individual action. Human rights require the state not to interfere
with a person’s human rights. This is known as a negative
obligation. For example, the state must not torture or seriously
mistreat those within their care, nor must the state arbitrarily
deprive people of their liberty. Such actions would breach the
state’s negative human rights obligations.
15
Example: Locking up a ‘difficult’ patient on a hospital
ward by securing the ward door so the patient cannot
leave will be a breach of the right to liberty. This is unless
one of the exceptions to the right to liberty applies –
such as someone being formally detained under the
Mental Health Act.
Positive obligations
Some human rights require the state to take active steps to
ensure the right is upheld. This is known as a positive obligation.
A positive obligation might include:
■protecting
the right to respect for family life by giving a parent
who has learning difficulties extra support to keep
the family together
■protecting
a prisoner from the violent actions of another
prisoner and thereby safeguarding their right to life
■responding
where a right has been breached with a
thorough investigation.
Example: A local authority failed to remove four children
from their mother even though it was clear that the
children were being subjected to an unacceptable level
of abuse and neglect. This meant that the local authority
had violated its positive obligation to prevent the children
being subjected to inhuman or degrading treatment.
16
17
Rights protected by the
Human Rights Act 1998
The right to life
Freedom of thought, religion and belief
The state must take steps to protect your life in certain circumstances.
It must investigate suspicious deaths and deaths in custody.
A person can believe what they like and practise their religion or
beliefs. However, practising religion or belief is a qualified right,
which can be restricted in certain circumstances.
The prohibition of torture and inhuman or degrading
treatment or punishment
Freedom of expression
Torture and inhuman or degrading treatment cannot be justified
in any situation.
People can speak freely. This is a qualified right, which can be
restricted in certain circumstances.
Protection against slavery and forced labour
Freedom of assembly and association
No one can be treated like a slave or subjected to forced labour.
People can join with others peacefully to hold meetings,
marches and demonstrations. This is a qualified right, which can
be restricted in certain circumstances.
The right to liberty and security
People have a right to be free. The state can only detain
someone with good reason – for example, if a person is
convicted of a crime or can be shown to have a serious mental
health problem. All those deprived of their liberty must be able to
challenge this.
The right to a fair trial
This contains a number of rights that attach to fair hearings of
criminal and civil matters. If accused of a crime, you have the
right to hear the evidence against you in court. You are innocent
until proven guilty.
No punishment without law
A person can only be punished for something that was against
the law at the time they did it.
Respect for private and family life, home and correspondence
This protects the ability to live and function as a family. It also
protects against unnecessary intrusions into a person’s private
sphere – how to live, which relationships to form and how to
engage with the community. This is a qualified right, which can
be restricted in certain circumstances.
18
The right to marry
People have the right to marry and have a family.
No discrimination in how rights are enjoyed
Everyone’s rights are equal. People should not be treated unfairly
because, for example, of their gender, race, sexuality, religion or age.
Protection of property
This protects against state interference with a person’s
possessions. This right can be restricted in the public interest as
long as this is set out in law.
The right to an education
No child can be denied an education.
The right to free elections
Elections must be free and fair.
19
How does the Human
Rights Act protect us?
The duty on public authorities
The Human Rights Act (HRA) requires all public authorities to
uphold the rights in the European Convention on Human Rights
(ECHR) that have been incorporated into the HRA.
If a public authority fails to do this then a victim (or potential
victim) can bring a case against that authority in the UK courts.
What is meant by a public authority is not set out in the HRA
and there have been a number of court cases trying to get the
definition clear. It certainly includes all public sector organisations
like central and local government agencies, courts and tribunals,
prisons, the police, health authorities and the UK Border Agency.
However, also included are some private and charitable
organisations when carrying out a public function.
Human rights are more accessible than they were before the HRA
was introduced. However, a complaint can still be taken to the
European Court of Human Rights if the complainant does not
agree with the outcome of the case in the UK courts.
The effect on Parliament
The HRA requires that all laws should be interpreted by the courts
to take into account rights set out in the HRA wherever possible.
This makes the HRA a sort of ‘higher law’. However Parliament is still
the supreme law maker and courts cannot overrule its legislation.
If primary legislation cannot be interpreted in line with a human
right, senior courts can make a ‘declaration of incompatibility.’
A Minister can then make a ‘remedial order’ to make the law
comply with human rights. But Ministers do not need to listen to
the court, and they can choose not to amend legislation.
Since the HRA came into force, Ministers introducing new Bills
to Parliament have had to sign a certificate confirming whether
the Bill is compatible with the HRA. A Parliamentary Committee,
the Joint Committee on Human Rights, scrutinises legislation as
it passes through Parliament, to identify any human rights issues
they think might need attention. Both of these measures prompt
extra debate about human rights in Parliament.
20
A British Bill of Rights
Recently there has been debate about introducing a British Bill
of Rights and Responsibilities, despite the fact that the Human
Rights Act (HRA) – also a bill of rights – was only passed relatively
recently. It is yet to be seen whether this would be a vehicle for
repealing the HRA, as some fear, or whether it would weaken or
strengthen the protection it provides.
Scotland, Wales and
Northern Ireland
Although passed in 1998, the Human Rights Act (HRA) did not
come into force until 2 October 2000. However, before then the
HRA was in force for devolved administrations in the UK i.e. for
the Scottish Parliament and Executive, the Welsh Assembly and
Executive and the Northern Ireland Assembly and Executive.
None of the devolved Executives have the power to act contrary
to the rights contained in the European Convention on Human
Rights (ECHR). If they do so, such legislation can be struck down
by the courts.
A Bill of Rights for Northern Ireland was promised in the Belfast
(Good Friday) Agreement, 1998. The Good Friday Agreement
stated that the Bill should contain rights that reflect the particular
circumstances of Northern Ireland and are supplementary to the
rights in the ECHR. On 10 December 2008, the Northern Ireland
Human Rights Commission presented advice to the government
on a Bill of Rights for Northern Ireland.
21
Statutory bodies dealing
with human rights
The Equality and Human Rights Commission (EHRC) is a
non-departmental public body established by the Equality Act
2006, which was launched on 1 October 2007. The EHRC brings
together the work of the three previous equality commissions
– the Commission for Racial Equality, the Disability Rights
Commission and the Equal Opportunities Commission.
It also has responsibility for issues of age, sexual orientation
and religion or belief. The EHRC has a particular duty to promote
and protect human rights. It works in England, Wales and
Scotland. However, in Scotland it shares responsibility with the
Scottish Human Rights Commission.
The Scottish Human Rights Commission was created by the
Scottish Commission for Human Rights Act 2006, and was formed
in 2008. It identifies and advocates best practice within public
authorities, monitors law and policy in Scotland, and, where
necessary, recommends changes.
The Northern Ireland Human Rights Commission is an
independent, statutory body set up in 1999. It was created by the
Northern Ireland Act 1998, in compliance with a commitment
made by the UK government in the Belfast (Good Friday)
Agreement. Its role is to promote awareness of the importance
of human rights in Northern Ireland, to review existing law and
practice and to advise government on how to fully protect
human rights in Northern Ireland. It is specifically charged with
drafting a Bill of Rights to supplement the European Convention
on Human Rights.
22
23
Why do human rights
matter?
Human rights lay down the
principles by which all decisions
in public life should be made.
They also provide a framework
for interpreting other laws.
Many people are not aware
of how they are protected by
human rights.
The rights in the European Convention on Human Rights and the
Human Rights Act can ensure that people are treated with dignity
and respect in their dealings with public services. They enable
people to choose who they want to associate with, how to
express belief or whether to accept or reject a particular medical
treatment.
And importantly, human rights also take account of the fact
that in a democratic society the rights of individuals must be
balanced against the wider needs of the community or the
rights of others.
Human rights are relevant to all of us at some point in our lives.
They affect how our children are treated at school and what
standard of care we receive when in hospital or in a nursing
home. Human rights are particularly important for those who
are vulnerable, whose dignity and autonomy are most at risk.
24
25
10 key things about
human rights
■ every
human being has human rights
■human
rights are based on principles of freedom, equality, dignity,
respect and autonomy
■human
rights were first defined by the international community after
the atrocities of the Second World War, although their roots go back
much further
■the
first human rights document agreed by the international
community in 1948 was the Universal Declaration on Human Rights
■since
the Universal Declaration on Human Rights (1948), states have
drawn up many different human rights agreements including the
European Convention on Human Rights (ECHR)
■the
ECHR was adopted by the states of the Council of Europe,
was drafted in part by British lawyers, politicians and civil servants
and the UK has been obliged to uphold its provisions for more than
50 years
■human
rights are primarily about how the state must treat you
■human
rights prohibit states from doing certain things, like locking
you up for no reason (negative obligations)
■human
rights can compel the state to act, like taking steps to protect
your life (positive obligations)
■not
all human rights operate in the same way. A few must never be
broken, some can be limited in certain circumstances and others
require a balance to be struck between the right of an individual
and the wider public interest or rights of others.
26
27
CHAPTER TWO
THE MYTHS
The Human Rights Act (HRA) has
been widely misunderstood ever
since it became part of UK law.
Many people see the
Human Rights Act as
being used by people
‘who aren’t like them’.
We need to challenge
that as much as we
can - human rights are
about everyone. It’s
going to be tough but
we need to get there
Most bills of rights come about in more dramatic ways than
the HRA – for instance if a state gains independence or an old
regime is toppled – something that impinges significantly on the
public consciousness. This was not the case when the HRA came
into being.
Also, when the HRA came onto the statute book there was no
public information campaign about it or about human rights
more generally. So people knew little and felt no pride in or
ownership of it. This is in sharp contrast to other countries, like
the USA, where people cherish their Bill of Rights. They might not
always like what is decided under its authority, but they do not
deride it or attempt to get rid of it.
Since the HRA became law, many myths about it have
been allowed to evolve. Mostly, this is because people have
misinterpreted the HRA or quoted it when in fact it did not apply.
These have been reinforced by repetition. After 9/11, security
concerns provided a fertile ground in which some of these myths
took root in the public consciousness.
Kamal Ahmed, Director of Communications,
Equality and Human Rights Commission (EHRC)
28
29
EIGHT Myths about
human rights
Myth: human rights help wrongdoers, especially criminals
and terrorists
Fact: human rights belong to everyone. For example, they are
especially important to people in care, young children, people
with learning difficulties, and people facing serious ill health.
Myth: human rights put the safety and well-being of ordinary
people at risk
Fact: most rights are limited or qualified precisely in order to
take account of public safety. Public safety concerns are built
into human rights standards. For example, the right to respect
for private and family life, freedom to manifest religion or
belief, freedom of expression and freedom of assembly and
association, can be, and frequently are, restricted in the interests
of national security and/or public safety. Human rights allow for
an appropriate balance to be reached between protecting
rights and the interests of the wider community, including safety
concerns. The fact that the law allows for this balance to be
struck is often forgotten.
Myth: the HRA was imported from Europe, it’s not relevant here
Fact: the European Convention on Human Rights (ECHR) was
drafted in the aftermath of the Second World War under the
auspices of the Council of Europe (not the EU as is often thought),
with significant input from British lawyers, politicians and civil
servants. It is therefore, in large part, home grown. The UK has
been signed up to it for well over 50 years.
Myth: human rights are part of a left-ist agenda
Fact: human rights have had, since the Second World War,
support from people across the political spectrum including
Winston Churchill. Human rights are about setting very basic
minimum standards which people can expect from the state
– so that the dignity, self-worth and potential of every individual
is respected.
30
Myth: human rights are not relevant to our everyday lives
Fact: the real power of human rights is in prevention not cure.
Human rights provide a value system that can drive up standards
of public service and make a difference to the lives of
ordinary people.
Myth: human rights have no legal basis
Fact: human rights have a solid basis in both international and
domestic law, which has grown up over the last 60 years based
on rights won over centuries. They are about creating very basic
standards which the state should respect. For example, the
state should ensure that children they know to be at risk are not
subjected to treatment that might harm them or even result in
their death. That is the state’s positive obligation – to protect life
and to protect against inhuman treatment.
Myth: the HRA will bring in a right to privacy via the back door
Fact: the HRA has introduced a statutory right to free expression
via Article 10 of the ECHR. This states that a court must take
into account the importance of this right in any action against
the media. This is supposed to strengthen the presumption in
favour of free expression. Although there is a right to respect for
private life, it is a qualified right, and its application should to be
balanced against other rights such as the right to free expression
and the needs of the wider community and state i.e. the public
interest. This is an area of much debate in media circles.
Myth: the HRA gives the courts too much power over
elected politicians
Fact: the HRA requires courts to interpret legislation in a way that
is compatible with it. If this is not possible, the courts can issue
a declaration of incompatibility. It is then up to Parliament to
decide whether to change the law. The courts cannot override
primary legislation on human rights grounds.
31
Why have these myths
taken hold?
These myths have taken root for a number of reasons:
1. When the final outcome of a case is not reported
The public do not always hear about the failure of a human
rights claim – they only hear that the case was launched. This
leaves the impression that a wide range of human rights claims
are successful when often they have been dismissed at an early
stage by the courts.
Example: “Serial killer, Dennis Nilsen, 60, received
hardcore gay porn in jail thanks to human rights laws”
The Sun, 13 May 2006
Nilsen, who was sentenced to life in prison in 1983 for
multiple murders, tried to use human rights arguments to
challenge the decision of a prison governor to deny him
access to a mainstream top-shelf gay magazine. However
his application was refused by a single judge at an early
stage. He failed to establish that there was any arguable
case that his human rights had been breached and he
did not get any greater access to materials.
This case had failed at an early stage. On the contrary it has
been used, quite inaccurately, time and again as an example
of a bad decision made under the HRA, including by leading
politicians.
32
2. On some occasions, authoritative figures make statements
about what is ‘permitted’ or ‘banned’ under the HRA which
are completely untrue. These comments are then reported.
Example 1: It has been wrongly suggested that the HRA
prevents the filming of school nativity plays. It does not.
“Mr Jobson, the director of education, later told the
Scotsman that the ban [on nativity photos] was required
by law under the HRA”
The Scotsman, 17 December 2002
Example 2: A spokeswoman for Gloucestershire Police
said that a man in a rooftop protest received food, drink
and cigarettes because of his human rights.
“A suspected car thief who bombarded police with
bricks and tiles during a rooftop siege was given a
Kentucky Fried Chicken takeaway meal by officers to
ensure his well-being and human rights”
The Telegraph, 8 June 2006
The man had no human right to receive food. He was given
food as part of a negotiating strategy aimed at coaxing him
down from the roof. However, this was widely reported as another
example of a perverse outcome of the HRA.
33
Example 3: When Gordon Stewart died, buried in the
rubbish that piled up in his house, environmental health
officers blamed the HRA, saying they cannot intervene
if someone is unable to look after themselves. This is
untrue. Indeed the state has a positive duty to protect
people they know to be at risk from serious harm.
“[Two environmental health officers] talk about how their
work has changed since the Human Rights Act became
law in 1998. Before that, if individuals were deemed
incapable of looking after themselves, the council could
intervene. Now, so long as they are not causing a public
nuisance, they can live how they like.”
The Guardian, 28 March 2009
3. When human rights are blamed for poor practice or
decision-making
The Human Rights
Act has become the
whipping boy, a bit like
Health and Safety
Alan Travis, Home Affairs Editor, The Guardian
Example: Anthony Rice, who had been released
on probation, killed Naomi Bryant in August 2005.
“Lawyers won Anthony Rice’s freedom on human rights
grounds – then got release terms relaxed with the
same tactic.”
The Sun, 11 May 2006
In fact Rice was released as a result of a series of errors
and misjudgments by the agencies involved which had
misunderstood the Human Rights Act.
34
35
CHAPTER THREE
REPORTING HUMAN RIGHTS
The importance
of accuracy
Accuracy is essential in all
types of reporting, including
the reporting of human rights.
The code of practice for the
British newspaper and magazine
industry deals with the question
of accuracy in its first paragraph.
(See Reporting Standards and codes of conduct)
Responsible
human rights
reporting has
to be fair and
accurate – it’s
the same with
all journalism
There are many examples of good, accurate reporting. This is
not surprising. The media has often championed the rights of
individuals, particularly against the perceived excesses of the
state and its bureaucracy. However it is not usually clear that
these stories have anything to do with human rights, even though
human rights might be at their very heart.
Conor Hanna, Deputy Editor, Daily Mirror
36
37
Accurate reporting
Example 1: The Sun, in 2006, ran a number of stories under
headlines like “Stop Abuse of the Elderly” and “Duty of Care” –
reporting the mistreatment of some older people in care homes.
Under human rights law, the state has
a positive duty to protect people from
serious ill-treatment. Although these
reports did not mention human rights,
they did refer to the need for people
to be treated with dignity, without
making any connection to
human rights.
In other accurate reports,
human rights are explicitly
mentioned.
38
Example 2: “Nearly a million innocent citizens could see their profiles
deleted from the DNA database following a landmark court ruling.
European judges said it was unlawful for police to store swabs and
fingerprints from suspects later cleared of wrongdoing.
In a damning verdict, the 17-strong panel said keeping the records
‘could not be regarded as necessary in a democracy’.
Home Secretary Jacqui Smith said she was disappointed by the
decision.
But some campaigners said the future of other government databases,
including the national ID register, was in doubt.
Before 2001, the police had to destroy DNA samples of individuals
acquitted or not charged. But a rule change has allowed them
to keep profiles of everyone arrested for a recordable offence in
England, Wales and Northern Ireland.
The details of about 4.5 million people are held on the database yet
one in five – including 40,000 children – has never been charged with
an offence.
The Home Office says the register has proved a key intelligence tool in
solving 3,500 cases - including high-profile rapes and murders.
Yesterday however the European Court of Human Rights ruled against
police in a case brought by two British men.
Their profiles were stored by South Yorkshire Police despite neither
being convicted of an offence.
The Strasbourg court found the force had violated article 8 of the
European Convention on Human Rights - the right to respect for private
and family life.
In a strongly-worded attack, it condemned the ‘blanket and
indiscriminate nature’ of the powers.”
The Daily Mail, 5 December 2008
39
Inaccurate reporting
Example 3: Law Lords leave elderly out in cold
A ruling leaves elderly and vulnerable people in private care
homes with no protection from eviction or ill-treatment, writes
Jon Robins.
"Families with relatives in care suffered a blow this week when the
House of Lords ruled that human rights legislation did not protect
the elderly or vulnerable placed by local authorities in private care
homes from eviction or neglect.
It is believed that as many as 300,000 residents of private care
homes are funded by local authorities, and more than one in
10 homes are in the hands of the private or voluntary sector. But
whereas residents who are in state-run homes are protected by
human rights legislation, those in private care homes are not, even
if their care is funded by their local authority.
Campaigners were stunned by the decision of five Law Lords, who
ruled three to two against extending the 1998 Human Rights Act in
favour of an 84-year-old woman suffering from Alzheimer’s disease.
‘We’re horrified by the judgment, which seems to imply that people
in care homes don’t have the same rights to protection under the
law as other vulnerable groups of people,’ says Andrew Chidgey,
head of policy and campaigns at the Alzheimer’s Society."
The Observer, 23 June 2007
40
However inaccuracies do occur for reasons previously stated
– people in positions of authority sometimes make inaccurate
statements about human rights law, and the Human Rights Act
has sometimes been blamed for poor practice or decisionmaking. Also, clear, accessible information about legal
judgements is not always readily available to busy journalists.
Example: “A murder victim’s elderly mother is to drag the entire
criminal justice system into the dock at a landmark inquest. Verna
Bryant’s daughter Naomi was killed by a rapist who had been freed
from a life sentence because his human rights were placed ahead of
protecting the public.”
Daily Mail, 17 November 2008
However, the HM Inspector of Probation stated that its report on
this case had made no comment about the Human Rights Act
and that it was a distortion of their findings in that report to say
that the murderer (Rice) was released because of his human
rights. The Joint Committee on Human Rights found no concrete
evidence in the Chief Probation Officer’s report that any decision
concerning Rice was affected by human rights considerations
being given precedence over public protection.
41
When journalists lack
information
Some journalists have said that the reason some reports about
human rights are inaccurate is because of the difficulty of
accessing accurate information in time.
Example: In August 2007 a number of newspapers
reported that Learco Chindamo, who stabbed to death
the London head teacher Philip Lawrence, could not be
deported to his native Italy on his release because of
his human rights. In fact it was mainly EU law that was
considered in court – human rights arguments were
supplementary. However this was not the impression given
by many reports. Some journalists said this was because
they could not get access to the legal judgment.
The main argument for Chindamo to stay
in Britain was European legislation – his
claim to stay under the Human Rights Act,
while upheld by the judge, was secondary.
However, the Office for Judicial
Communications, which is responsible for
issuing court judgements, initially refused
to release the Chindamo judgement.
This meant that when the story broke
journalists were denied the opportunity to
read the judge’s full legal reasoning and
were forced to rely instead on the limited
information that was available, which
suggested that the case was principally
about human rights legislation.
This was extremely frustrating and is a
good illustration of how official obstruction
can hinder journalists in their attempt
to present an accurate picture of the
subject they are covering.
Martin Bentham, Home Affairs Editor, Evening Standard
42
43
Reporting inaccuracies
Sometimes inaccurate statements are repeated, perhaps
because the person who made the statement is considered
important.
Example: In January 2007 Derbyshire Police said that before
releasing photographs of escaped prisoners, the Chief
Constable had to take account of ‘the Human Rights Act and
the Data Protection Act’. These comments by the police were
then reported. However there is nothing in the HRA that would
prevent such photographs being published. After strenuous
efforts by media organisations, the reports were strongly
rebutted by the Lord Chancellor – and this rebuttal was widely
reported to stop police misusing the HRA.
Getting the balance right
There are many examples of balanced reporting, even in
newspapers which editorially have raised questions about the
Human Rights Act.
While it is acceptable for newspapers to be partisan about
human rights or any other issue, publishing reports that
completely distort the facts breaches the Editors’ Code of
Practice that is policed by the Press Complaints Commission.
44
Example : “Dozens of councils may be in breach of the Human Rights
Act by forcing elderly married couples to live apart. Help the Aged
said it was “not unusual” for authorities to separate couples by ruling
that one was eligible for a subsidised place in a care home while the
other was not.
But this constituted a potential breach of Article 8 of the Act, which
gives everyone the right to “respect for his private and family life,
his home and his correspondence”. The British Institute of Human
Rights added that councils could face huge legal costs if they were
challenged in the courts for contravening the Act – costs that would
ultimately be borne by council tax payers.
An estimated one in 10 people in care homes are still married,
often in marriages that have lasted 50 years or more. Campaigners
for the elderly say that separation is “devastating”, even where the
couple has agreed to be apart. The situation was highlighted this
week by the case of Richard and Beryl Driscoll, both 89, who spent
seven months separated because Mr Driscoll was ruled eligible for
a care home place but his wife was not. Social services chiefs at
Gloucestershire county council eventually decided that Mrs Driscoll’s
health was also poor enough for her to qualify for a subsidised place
in the home, Bredon View, in Cheltenham, as soon as space became
available.
In November 2002 an elderly couple in Oxfordshire were placed in
two different homes. Gordon and Nora Watts, from Banbury, who had
been married for more than 60 years, spent three months apart in
nursing homes because social services said it was too expensive for
them to live together. Mrs Watts, 83, was placed in a nursing home in
Woodstock while her 88-year-old husband was placed in a home 20
miles away in Culworth, Northants. When the couple were eventually
reunited at the Northamptonshire home, Mrs Watts said: “He’s always
been in my thoughts.”
In August 2003 a Portsmouth couple, George and Mary Lipsham,
who had been married for 61 years, were placed in homes five
miles apart because they had different needs. They agreed to be
separated on condition that an adapted taxi would be supplied five
days a week to enable Mr Lipsham to spend the day with his wife
but the arrangements broke down when money became tight. The
devoted couple had not seen each other for four days when Mrs
Lipsham died at her nursing home.
The Telegraph, 4 February 2006
45
Politicising human rights
The current political
environment definitely
affects human rights
reporting. The political
debate is very narrowly
focused on prejudices
about the Human
Rights Act. The debate
needs to open up
Alan Travis, Home Affairs Editor, The Guardian
46
47
There is nothing in human rights that
prioritises the criminal over the victim,
the terrorist over the law-abiding public
or the immigrant over the citizen. They
allow vulnerable people – whoever they
are – to challenge the Government for
failure to protect their most basic rights.
Some examples:
■bereaved
relatives have the right to an independent public
investigation into the circumstances surrounding the death
of their loved ones and the right to be involved in the
investigation.
rights protect the housebound, sick, elderly, or learning
disabled from thoughtless, bureaucratic action – such as
separating couples who have lived together for many years,
because one qualifies for residential care and the other does
not (see section on Making Connections).
There is nothing in the HRA which gives the courts the power
to overturn the will of Parliament. Judges cannot overturn Acts
of Parliament even if they are found to contravene the HRA.
However the HRA does give the courts the ability to protect basic
human rights against abuse by the government and other
public bodies.
The government, which itself introduced the HRA, has often failed
to come to its defence. This is seen most starkly when it disagrees
with the outcome of a case involving human rights. From 2006
onwards, there have been some attempts to rebut false stories
about human rights by the Ministry of Justice, although some
ministers have continued to undermine the Act.
■human
■in
most cases human rights do not stop people who threaten
national security from being deported. They only prevent
deportations to countries where they will face torture – a
practice which successive governments have agreed to
outlaw. Even before the Human Rights Act (HRA), the UK was
obliged not to deport people to countries where they may
be tortured.
All sides…are turning
the debate [about
human rights] into a
political argument and
distorting reality
Stephen Mitchell, Deputy Director and
Head of Programmes, BBC News
48
49
The importance
of language
To many people – sadly –
the term ‘human rights’ has
stopped being understood
as a moral claim and has
seemed to be more and more
about political correctness
Professor Conor Gearty, Director, Centre for the Study of Human Rights,
London School of Economics
The term ‘human rights’ has been used, inaccurately, to
suggest that people have a so-called ‘human right’ to just
about anything. The Human Rights Act (HRA) does not protect
an endless catalogue of rights. It protects 15 well-established
fundamental rights and freedoms. Many countries protect a
much broader range of rights. It does not contain a right to
housing, a right to live in the UK, a right to work, or the right to
receive benefits.
50
Human rights are about protecting our basic humanity and
dignity. That is very far from political correctness and yet that is
often how human rights are perceived. Some editorials have
used the issue of human rights to fuel hostility to something else.
For example by suggesting that the Human Rights Act is an
undesirable law foisted upon this country by ‘Europe’.
“Rights law is wrong: British history is the story of a tolerant
nation. For centuries, our forefathers cherished liberty
and religious freedom. That’s why the Appeal Court ruling
letting a Muslim teenager ditch school uniform in favour of
Islamic dress is deeply worrying. Quite simply it’s divisive. In
the past, people from all sorts of faiths and backgrounds
settled here. We all muddled along together by integrating
and playing by the rules. But that was until the Human
Rights Act came along. This meddling law from Strasbourg
is overriding our natural decency and commonsense. And
it could split our society. It’s time to roll back the tide of
political correctness. Before it's too late.”
Daily Star, 4 March 2005
51
The power of images
Pictures inevitably help to tell a story. However, illustrating human
rights stories can be especially problematic.
First, human rights is a concept which can be hard to depict.
In cases where people have had their human rights denied, or
where people have not been treated with dignity, for example in
stories about abuse of the elderly, people are often depicted
as victims.
Care should be taken about the use of pictures of what are
generally regarded as ‘undeserving beneficiaries’ to create an
unbalanced view about human rights, giving the impression that
they only protect unpopular groups.
Because the subject of human rights is highly politicised, pictures
of politicians or prominent people in the field are often used to
illustrate stories, rather than ordinary people.
52
53
How can reporting
be improved?
Get the facts
This guide is designed to help journalists to be sure of their facts
and put them in context. The first sections of this guide provide
basic facts and accurate information about human rights which
we hope will be useful.
Go to the right people
The resources section provides a list of official and statutory
bodies and a list of organisations with a rights-based approach.
These organisations may offer further information and help with
case studies and interviewees.
Balanced reports
Including quotes only from people who are opposed to human
rights produces unbalanced reports. Mention human rights in
stories where they have had a positive effect.
Separate fact and opinion
While it is perfectly acceptable for newspapers to be
editorially opposed to human rights legislation, news reports
must be factual.
More access to legal judgements
Improved, timely access to legal judgments is necessary for
journalists to be able to report cases accurately.
54
55
CHAPTER FOUR
MAKING CONNECTIONS
One of the best
ways to judge a
civilised society
is the way it treats
people who
behave badly
Bob Satchwell, Society of Editors
56
57
Everyone has human rights –
men and women, young and
old, healthy and sick, carers and
people in care, those who are
disabled and able-bodied.
In this section we will show how we can make connections
between different issues or groups of people and human rights.
However first we want to say a word about those seen
as ‘undeserving’, who are more usually reported in the press.
Those often portrayed as unpopular or undeserving also have
human rights – they do not lose them all by virtue of their
misdeeds. Because they preserve our basic dignity and humanity,
human rights are not conditional on ‘good behaviour’. Not all
human rights are the same, however, and the whole system of
rights protection has proportionality and balance inbuilt.
Absolute rights apply, including the right not to be tortured or to
be exposed to inhuman or degrading treatment. Prisoners are
protected by this right despite their imprisonment, because we
live in a society which does not tolerate torture or other forms of
ill-treatment. Successive governments have agreed to uphold this
standard in all circumstances.
Other human rights can be limited, such as the right to liberty,
or they can be qualified, such as the right to family life, in certain
situations. These rights are necessarily limited and qualified where
people are imprisoned.
So human rights are ‘smart’ standards. They can be applied in
different situations in a way that is balanced and transparent,
taking into account the rights of others, the needs of the wider
community and public safety.
58
59
It is often the rights of those considered ‘undeserving’ that the
media highlights. But everyone gets old, and any of us could
become disabled or vulnerable at some point in our lives.
Human rights can also be used to protect the environment
which affects us all.
Human rights can underpin values that shape the services
we receive from the state. The real value of human rights is in
prevention not cure – and litigation, whatever the outcome,
is rarely a cure.
60
61
Older people
We now need to build on
the solid foundations of The
Human Rights Act through
the Equality Bill, which gives
Government the opportunity
to extend older people’s
legal rights and further tackle
the ingrained ageist attitudes
and practices that still affect
many older people’s lives
Michelle Mitchell, Charity Director,
Age Concern and Help the Aged
Practices that could breach the human right to be protected
from inhuman or degrading treatment include:
■leaving
people in soiled sheets or incontinence pads for a
long period
■failure
to turn someone confined to bed, leading to bed sores
and other harmful conditions
■leaving
trays of food for people who are too frail to feed
themselves
■washing,
dressing or undressing people in front of others and
without regard for their dignity.
What amounts to inhuman or degrading treatment depends on
the circumstances and the vulnerability of the person concerned.
It could result from one incident or from the cumulative effect of
poor practice.
Ill-treatment might also breach the right to respect for private life.
However this right can be qualified in certain circumstances, for
example when there is a need to protect the rights of others or
public safety.
This right means more than just ‘privacy’ and includes:
■living
your personal life as you choose
■establishing
There are plenty of stories about older people in the media.
These may be about abuse or neglect by carers or in residential
care homes, about overuse of sedatives, or about care homes
being closed at short notice without regard to the needs or
wishes of the residents. All these situations involve human rights
that are found in the European Convention on Human Rights
(ECHR) and are now part of UK domestic law via the Human
Rights Act (HRA).
62
■making
■physical
■having
relationships as you wish
choices and decisions about your life
and mental well-being
access to information about you held by others
■keeping
personal information confidential
■participating
in community life
63
The right to respect for family life can be especially relevant
to older people. It is a qualified right and can be restricted in
certain circumstances. It includes the right to be able to live with
people you consider to be family, or to maintain contact with
them. Therefore, local authorities forcing older couples to live in
separate residential homes could be breaching this right.
The right to life is also relevant to older people. Overuse of drugs
leading to death, or placing ‘Do not resuscitate’ notices on an
older person’s medical records without their consent can raise
issues under the right to life.
Example: Dignity nurse for elderly in revamp of care system
“Dignity nurse for elderly in Care Revamp Hospitals and
care homes have been failing the elderly, Ministers have
admitted for the first time. They say a ‘negative culture’
in the care system strips older people of their dignity and
deprives them of their respect.
A Government report’s findings confirm the problems
highlighted for four years by the Daily Mail’s Dignity for
the Elderly campaign. But it produced a five-year plan
designed to improve patient care - including a senior
nurse in every hospital dedicated to ensuring dignity for
the elderly and help from the new equality superquango.”
Daily Mail, 20 April 2006
64
65
People with disabilities
Enshrining human rights values
such as fairness, dignity and
autonomy in society can help
ensure that disabled people
are recognised as equal
citizens who are entitled to the
same rights as everyone else.
This can be highly influential
in social and cultural terms
and help change negative
attitudes
Jon Sparkes,
Chief Executive, Scope
Human rights help those with physical disabilities, with learning
disabilities or with mental health issues. Indeed there is a specific
international United Nations treaty dealing with the rights of
disabled people (Convention on the Rights of Persons with
Disabilities). The Convention aims to ensure that people with
disabilities enjoy human rights on an equal basis with others.
The UK Government has signed but not ratified the Convention.
It is not incorporated into domestic law.
66
67
Rights relating to older people which are found in the ECHR are
also relevant to those with disabilities.
The right not to be subjected to inhuman or degrading treatment
and the right to respect for private life are particularly relevant to
disabled people. These rights have the principles of dignity and
respect at their core.
Example 1: Two disabled sisters, who needed assistance
in order to move around, lived with their parents in a
specially adapted house. A local authority policy imposed
a complete ban on all manual lifting of people. This ban
was challenged in the courts. The courts concluded that
such a ban was unlikely to be lawful because it did not
consider the individual circumstances of each person
affected. Inhuman or degrading treatment might occur if
the women were left in their own bodily waste or stuck on
the lavatory for hours. A breach of the right to respect for
private life might occur as the women could not take part
in some of the only activities available to them such as
shopping and swimming thereby impacting on their ability
to participate in community life.
The right to respect for private life covers a broad range of
interests including being able to make decisions and choices
about your life and being able to participate in the community.
This right is therefore a helpful tool in the promotion of
independent living for disabled people.
The right to respect for family life is also important for disabled
people and might require the state to take active steps to protect
and facilitate it.
68
69
Example 2: A local authority in London provided a
property to a family that didn’t meet their needs. The
father was looking after his six children and his disabled
wife. His wife was incontinent and could not access the
bathroom or bedrooms which were situated on the first
floor. Although social services recommended specially
adapted accommodation, the family heard nothing
for a year. The Court held that the local authority had
breached their right to respect for family life.
Example 3: Kevin Mason and Joanne Proctor lived in a
home for people with learning disabilities but staff did
not allow them to spend time together.
“It may not seem like a violation of human rights to most
people, but according to Andrew Lee, director of People
First, a self-advocacy group for people with learning
disabilities, that’s exactly what it is. ‘It’s about power and
control,’ says Lee. ‘People with learning disabilities are
often in very vulnerable positions and their rights are
easily abused.’ Often such ‘abuse’ is not malicious: it just
arises out of broad assumptions among social services,
carers, even parents, about the ability of people like
Mason and Proctor to make decisions for themselves”.
The Guardian, Society, 7 February 2001
70
71
People in poor health
The rights most relevant to those
in poor health are the right to
life, the right not to be subjected
to inhuman or degrading
treatment, and the right to
respect for private life.
Situations that could raise a human rights issue include:
■how
a person is treated in hospital, for example being
left on a trolley in A & E to the detriment of their health
and/or dignity
■ lack
of cleanliness, leading to hospital acquired infections
■ being
refused life saving treatment
■ postcode
72
lottery in relation to medical treatments.
73
Example 1: “Hundreds of women may get Herceptin
after legal victory
Ann Marie Rogers, 54, who has three children, burst into
tears after three judges yesterday overturned an earlier
High Court ruling that Swindon Primary Care Trust had
been within its rights to decide not to fund the £20,000
cost of treating her with the drug.
… After Mrs Rogers …was told by Swindon PCT that she
was not eligible under its prescribing policy, she took out
loans to fund the treatment herself.
But after running out of money, she took her fight to
the High Court, claiming that the decision to refuse her
treatment was in breach of her human rights .
Sir Anthony Clarke, the Master of the Rolls, along with
two other appeal judges, ruled yesterday that the
PCT’s prescribing policy was 'irrational and so unlawful',
although they stopped short of ordering the trust to
specifically provide Mrs Rogers with Herceptin.”
The Independent, 13 April 2006
74
Example 2: “Cancer victim denied life-saving drugs
in postcode lottery given fresh hope by judge
Jean Murphy, 62, was diagnosed with kidney cancer
last year and her consultant recommended a course
of Sunitinib to extend her life by around six months.
But she became a ‘postcode lottery’ victim when her
NHS Primary Care Trust refused to prescribe her the
£3,500-a-month drug, although it is routinely given to
patients by neighbouring trusts….
Professor Conor Gearty, a human rights expert
representing Mrs Murphy, claimed the decision to deny
the drug breached Article Two of the 1998 Human Rights
Act, which protects ‘the right to life’.
He added that Mrs Murphy is the main carer of her
husband Michael, who has Crohn’s disease, psoriasis
and diabetes.”
The Daily Mail, 5 July 2008
75
Young people
The NSPCC believes the media
can play a vital role in protecting
and promoting children’s
human rights as set out in the
Convention on the Rights of the
Child. We believe every journalist
has a duty to ensure these
rights are upheld in their work
including respect for the child’s
right to privacy. Sufficient time
and space must also be
devoted to children’s rights and
children’s issues in the media
Andrew Flanagan, Chief Executive, NSPCC
76
77
Children are protected by all the rights found in the ECHR.
However, there is a much more comprehensive set of rights
protecting children in the UN Convention on the Rights of the
Child, such as:
■ the
right to an adequate standard of living
■ the
right to the best possible health care
■ the
right to play
■the
right to have their views given due weight
in all matters affecting them
■ the
right to protection from all forms of violence
■the
right to maintain contact with both parents
(unless this is not in the child's best interests).
However none of these rights are yet part of UK law so children have
to rely on their rights under the ECHR incorporated into the HRA.
Nearly all the rights in the HRA are relevant to children. Most
relevant to horrific abuse of children such as Baby Peter and
Victoria Climbie, is the positive duty on the state to protect
children’s lives and protect children from serious ill treatment
(inhuman or degrading treatment).
Example: Four children from the UK who had been abused
by their mother took a case to the European Court of
Human Rights against a social services team. It was only
after four and a half years that the local authority sought
an emergency protection order. The European Court of
Human Rights found that the local authority had failed in
its positive duty to protect the children from inhuman and
degrading treatment and had failed
to protect the children.
The right to respect to family life – which enables families to live
together – will always be overridden when the health and well
being of children is at stake. This qualified right can be restricted
to protect the rights of others. Indeed it must be when an
absolute right of a child is at risk, like the right to life or the right
not to be subjected to serious ill treatment.
78
79
Carers
Carers give so much to the
people they care for, and to
our society as a whole, yet
too often they are forced
to give up work and find
themselves suffering ill-health
and excluded from society.
Carers tell us time and time
again that they feel their
human rights are being
infringed when they are not
given a choice about caring.
They find that when support
is not right or insufficient, it is
impossible to maintain even
a basic quality of life
The human rights of carers can sometimes come a poor second
to those they are caring for. Some human rights are particularly
relevant to carers:
■the
right to life, where carers receive delayed emergency
medical treatment because of their caring responsibilities,
which could put their life at risk
■the
right not to be subjected to inhuman or degrading
treatment or punishment, where there is a failure to take
account of risks to the carer’s physical or mental health even
when social care or health staff know there is a problem
■the
right to respect for private and family life, where carers are
unable to work or to form or maintain relationships with others.
There are a fair number of stories in the press about overworked
and exhausted carers but the link between human rights and
carers is very rarely made.
Imelda Redmond, Chief Executive, Carers UK
80
81
The environment
The right to protect the
environment through the right
to campaign, to organise, to
free assembly is under threat
everywhere including in the
UK. The right to information,
to access to justice and to
participate in environmental
decision-making is critical in
any democratic society. The
Human Rights Act should be
recognised and supported for
the role it plays in creating a
civilised society and a fairer,
better world for the benefit
of all citizens
John Sauven,
Executive Director, Greenpeace
82
83
There are significant connections
between human rights and
protection of the environment.
There have been a number of
cases in the European Court of
Human Rights in which the right
to respect for private life and the
home have encompassed the right
not to be exposed to pollution.
The Court has also said that where a state engages in hazardous
activities, or allows private organisations to do so, individuals must
be able to access relevant information.
However, the right to respect for private life is qualified and can
be restricted for the ‘economic well being of the country’ as the
example of reporting opposite illustrates.
84
Example: “Heathrow’s neighbours lose fight
for a quiet night
People living around Britain’s busiest airport lost their
legal challenge against night flights yesterday when
judges in Strasbourg ruled that aircraft noise did not
violate their human rights.
The European Court of Human Rights said the economic
impact of halting night services at Heathrow far
outweighed the rights of those suffering disrupted
sleep. Eight members of the Heathrow Area Campaign
Against Noise, Hacan ClearSkies, had won their case in
Strasbourg last year. The Government appealed, arguing
that an end to night flights would cause severe disruption
to British airlines and give rival European airlines an
unfair advantage.
But yesterday the European court offered some hope to
the campaigners by ruling that the eight residents had
been denied the right to an effective remedy because
the British courts had not considered the individuals’
rights under the Convention on Human Rights, which
at the time had not been incorporated into domestic
legislation. This, they said, constituted a “violation”
of the convention and justified the court awarding
them £35,000 for costs and expenses. The focus of the
campaign is expected to switch from banning flights to
pushing for tougher controls on aircraft noise
and emissions…”
The Independent, 9 July 2003
85
CHAPTER 5:
RESOURCES AND CONTACTS
Reporting standards
and codes of conduct
The Press Complaints Commission’s code of practice
www.pcc.org.uk/cop/practice.html is the most significant code
for journalists. It does not specifically refer to human rights but its
first condition is relevant:
1. Accuracy
i)the Press must take care not to publish inaccurate, misleading
or distorted information, including pictures
ii)a significant inaccuracy, misleading statement or distortion
once recognized must be corrected, promptly and with
due prominence, and – where appropriate – an apology
published
iii)the Press, whilst free to be partisan, must distinguish clearly
between comment, conjecture and fact
iv)a publication must report fairly and accurately the outcome
of an action for defamation to which it has been a party,
unless an agreed settlement states otherwise, or an agreed
statement is published.
Similarly the National Union of Journalists’ Code of Conduct
www.nuj.org.uk/innerPagenuj.html?docid=74
requires members to:
“ensure that information disseminated is honestly conveyed,
accurate and fair…and differentiates between fact and
opinion…”
86
87
Contacts in the media
Below are details of organisations which have a direct
interest in standards of reporting and broadcasting.
BBC Its Editorial Guidelines are a source of advice to
broadcasters on dealing with sensitive issues.
www.bbc.co.uk/guidelines/editorialguidelines
Chartered Institute of Journalists campaigns for press
freedom and acts as a trade union for its members in
journalism and public relations.
www.ioj.co.uk
020 7252 1187
[email protected]
Media Trust works in partnership with the media industry to
help the voluntary sector build effective communications.
www.mediatrust.org
020 7874 7603
[email protected]
Mediawise is a charity concerned with ethical journalism.
Provides advice and its own guidelines.
www.mediawise.org.uk
0117 941 5889
[email protected]
National Union of Journalists represents thousands of
journalists in the UK. It encourages its members to work
according to its code of conduct.
www.nuj.org.uk
020 7278 7916
[email protected]
88
89
Office for Communications (Ofcom) regulates all broadcasting
in the UK. Broadcasters are required by law to follow its code.
www.ofcom.org.uk
020 7981 3040
[email protected]
Press Complaints Commission (PCC) All newspapers and
magazines voluntarily submit to the PCC’s jurisdiction. Its code
is written into newspaper journalists’ contracts.
www.pcc.org.uk
020 7583 1248
[email protected]
Society of Editors campaigns for media freedom, self-regulation,
the public’s right to know and the maintenance of standards in
journalism.
www.societyofeditors.org
01223 304080
[email protected]
90
91
Official & statutory bodies
11 Million – Children’s Commissioner for England
champions children’s interests and concerns.
www.11million.org.uk
Media Centre 0551 143 7834/0551 143 7863/0551 143 7831
Out of hours 07920 765 454
[email protected]
European High Commissioner for Human Rights
is an independent institution within the Council of Europe,
mandated to promote awareness and respect for human
rights in its 47 states.
www.coe.int/t/commissioner
+33 (0) 3 88 41 34 21 (for queries and questions)
Children’s Commissioner for Wales champions children’s
interests in Wales.
www.childcom.org.uk
01792 765600
Joint Parliamentary Committee for Human Rights considers
human rights issues in the UK (not individual cases). Scrutinises
all government Bills and action to deal with judgments of the
UK courts and the European Court of Human Rights involving
breaches of human rights.
www.parliament.uk/parliamentary_committees/joint_
committeee_on_human_rights.cfm
Council of Europe promotes democratic principles throughout
Europe, based on the European Convention on Human Rights.
www.coe.int
Equality and Human Rights Commission came into being in
October 2007. It has offices in England, Wales and Scotland.
www.equalityhumanrights.com
Ministry of Justice has resources, publications and guidance
notes including various guides to the Human Rights Act 1998.
www.justice.gov.uk/guidance/humanrights.htm
EU Agency for Fundamental Rights provides rights advice to the
EU and its member states. It does not examine complaints from
individuals.
www.fra.europa.eu/frawebsite/home/home_en.htm
NHS Centre for Equalities and Human Rights (Wales) a national,
strategic resource for NHS Wales to ensure that patients and staff
are treated fairly and in accordance with their needs.
www.wales.nhs.uk/equality
01443 233450
European Court of Human Rights hears cases brought by
individuals under the European Convention on Human Rights.
Its website has free, online access to case law of the ECHR, the
European Commission of Human Rights (before its abolition) and
the Committee of Ministers.
www.echr.coe.int/ECHR/homepage_en
Older People’s Commissioner for Wales safeguards the interests
of people in Wales aged 60 or more.
www.olderpeoplewales.com
08442 640670
Urgent press enquiries 02920 344 888
[email protected]
92
93
Organisations with a
rights-based approach
United Nations Portal has links to
■ UN
High Commissioner for Human Rights
■ Human
Rights Council
■ International
Criminal Tribunal for the Former Yugoslavia
■ International
Criminal Tribunal for Rwanda
■ UN
Treaty Collections, including all UN human rights treaties
www.un.org/rights
Women’s National Commission is an official, independent,
national, advisory body that brings the voice of women to
government, especially underrepresented women.
www.thewnc.org.uk
020 7944 0585
[email protected]
Blink was set up to protect and pioneer the interests of Britain’s
black communities.
www.blink.org.uk
Action on Elder Abuse works to prevent the abuse of vulnerable
older adults. It runs helplines and trains care staff and others.
www.elderabuse.org.uk
020 8765 7000
[email protected]
Age Concern/Help the Aged (merged) aims to promote the wellbeing of all older people. It provides day care and information,
and campaigns on issues affecting older people. 
www.ageconcern.org.uk
www.helptheaged.org.uk
Press Office 020 7239 1942. Out of hours 07730 912524
[email protected]
Amnesty International UK campaigns on issues related to justice,
fairness, freedom and truth in the UK and elsewhere.
www.amnesty.org.uk
Press and media enquiries (on UK generally): 020 7033 1548
Out of hours 07721 398 984
Press and media enquiries (Wales): 029 2078 6415
The British Institute of Human Rights provides information, briefings
and toolkits, training and consultancy and undertakes research
and policy analysis.
www.bihr.org.uk
Media Centre: 020 7848 1839
[email protected]
94
95
Carers UK campaigns for recognition for carers and for them
to have practical, financial and emotional support.
www.carersuk.org
Press enquiries: 020 7378 4936/5. Out of hours 07505 184262
[email protected]
Centre for Crime and Justice Studies is an independent charity
at King’s College London that informs and educates about all
aspects of crime and the criminal justice system.
www.crimeandjustice.org.uk
Press enquiries: 020 7848 1688
[email protected]
Children’s Rights Alliance for England provides free legal
information and advice, raises awareness of children’s human
rights, and undertakes research about children’s access to
their rights.
www.crae.org.uk
020 7278 8222. Out of hours 07949 434 787
[email protected]
Disability Awareness in Action is an information network on
disability and human rights.
www.daa.org.uk
[email protected]
Equality and Diversity Forum is a network of national
organisations committed to equal opportunities, social justice,
good community relations, respect for human rights and an end
to discrimination. 
www.edf.org.uk
020 7843 1597
[email protected]
96
The Fawcett Society campaigns for equality between men and
women in the UK on pay, pensions, poverty, justice and politics.
www.fawcettsociety.org.uk
020 7253 2598
Inquest provides a free advice service to bereaved people on
contentious deaths with a particular focus on deaths in custody.
www.inquest.gn.apc.org
020 7263 1111
Press enquiries: [email protected]
International Centre for Prison Studies assists governments
and other relevant agencies to develop appropriate policies
on prisons and the use of imprisonment.
www.kcl.ac.uk/schools/law/research/icps
020 7848 1922
[email protected]
Justice is an independent legal human rights organisation which
seeks to influence law and practice, promote human rights and
improve the system of justice.
www.justice.org.uk
Press and media enquiries: 020 7762 6412
[email protected]
The King's Fund is dedicated to improving the health system
in England. Publishes policy and research on health.
www.kingsfund.org.uk
Press and Public Affairs: 020 7307 2585.
Out of hours: 07831 554927 or 07774 218439
[email protected]
97
Liberty undertakes campaigning, test case litigation,
parliamentary lobbying, policy analysis and provides free
advice and information.
www.liberty-human-rights.org.uk
Press Office: 020 7378 3656 or 07973 831 128
Operation Black Vote focuses on the black democratic
deficit in the UK.
www.obv.org.uk
020 8983 5430/5431
[email protected]
The Medical Foundation for the Care of Victims of Torture
is a charity dedicated to the treatment of torture survivors.
www.torturecare.org.uk
Press office: 0207 697 7783, 0207 697 7811
Prison Reform Trust works to ensure UK prisons are just, humane
and effective.
www.prisonreformtrust.org.uk
Mencap is a UK charity for people with a learning disability and
their families.
www.mencap.org.uk
Press and media: 020 7696 5414. Out of hours 07770 656659
[email protected]
Mind is a mental health charity working in England and Wales.
It provides services across England and Wales through a
network of local Mind associations.
www.mind.org.uk
Press in England 020 8522 1743. Out of hours 07850 788514
Press in Wales 029 2039 5123/029 2034 6575
[email protected]
National Centre for Independent Living aims to enable disabled
people to be equal citizens and promotes independent living.
www.ncil.org.uk
0207 587 1663
[email protected]
98
020 7251 5070
[email protected]
Race on the Agenda is a social policy think-tank focusing on
issues that affect black, Asian and minority ethnic communities.
www.rota.org.uk
020 7902 1177
[email protected]
RADAR is a national network of disability organisations and
disabled people campaigning to promote equality for all.
www.radar.org.uk
020 7250 3222
[email protected]
Refugee Action is an independent national charity that works with
refugees to build new lives in the UK.
www.refugee-action.org.uk
0161 233 1956 /07771 748159/07831 093423
[email protected]
99
Refugee Council gives asylum seekers and refugees help
and support and works to ensure their needs and concerns
are addressed.
www.refugeecouncil.org.uk
For all national and local media enquiries (except Yorkshire and
Humberside) contact: 020 7346 1213 Out of hours: 0870 0555500
and ask for pager 865169
For media enquiries covering Yorkshire and Humberside, contact:
0113 386 2235
Rethink is a national mental health membership charity working
to help everyone affected by severe mental illness.
www.rethink.org
Media Team: 020 7840 3138/020 7840 3146. Out of hours 0777
558 5178
[email protected]
Sane works to improve the quality of life for people affected by
mental illness. 
www.sane.org.uk
020 7375 1002
[email protected]
Southall Black Sisters challenges domestic and gender violence,
and provides support services to enable women and their
children to escape violent relationships.
www.southallblacksisters.org.uk
020 8571 9595 (Mon-Fri 10am – 5pm closed Weds)
[email protected]
100
Stonewall works to achieve equality and justice for lesbians,
gay men and bisexual people.
www.stonewall.org.uk
Media enquiries: 020 7593 1857 (Mon-Weds) 020 7593 1857
(Weds-Fri) 020 7593 1856 Out of hours 07985 439 660
[email protected]
Together supports individuals and communities to achieve
mental wellbeing and realise their potential.
www.together-uk.org
020 7780 7300
[email protected]
Unlock Democracy campaigns for democracy, rights and
freedoms and for fair, open and honest elections, a written
constitution, stronger parliament and accountable government.
www.unlockdemocracy.org.uk
General enquiries: 020 7278 4443
Press and media enquiries: ext 108
[email protected]
Values into Action is a UK-wide campaign that promotes the right
of people with learning difficulties to be treated with the same
respect as all citizens.
www.viauk.org
020 7729 5436
[email protected]
The Women’s Resource Centre supports women’s organisations
to be more effective and sustainable.
www.wrc.org.uk
020 7324 3030
101
APPENDIX
Notes about the authors
Sarah Cooke OBE: Writer
Sarah is a qualified lawyer who has specialised in human rights
and equality matters throughout her career. She was Director
of the British Institute of Human Rights for seven years, working to
ensure public services are delivered in a way that is underpinned
by respect for human rights. She has worked as a freelance
consultant on a wide range of projects for the public and
voluntary sectors.
Carolina Gottardo: Research Assistant
Carolina has worked for many years on human rights issues
both at domestic and international levels in a number of roles
including as National Policy Director at the Refugee Council of
Australia and as Training Manager at the British Institute of Human
Rights. Carolina was awarded the Peter Duffy Human Rights
Award in 2004 for advancing human rights.
Alison Whyte: Editor
Alison has written extensively about health, education and social
issues for national newspapers and magazines for many years.
She has also worked as a freelance communications consultant
and has written and edited numerous reports for charities, trade
unions and voluntary organisations.
Joanna Inskip: Managing Editor
Joanna is a qualified member of the Chartered Institute of Public
Relations and has worked in PR and journalism for 20 years. She
joined Media Trust in December 2006 to manage Community
Newswire, a free news service to help charities and voluntary
organisations gain valuable media coverage.
Photos supplied courtesy of Press Association photos
This guide was produced with funding from Equality and Human Rights
Commission (EHRC)
102
103
References
The following publications were used and drawn upon in drafting
this guide:
Watson and Woolf, Human Rights Act Toolkit, Legal Action Group,
2nd edition (February 2008)
British Institute of Human Rights, Your Human Rights, A guide for
disabled people and A guide for Older People, (2006). All guides
in the series are available on line at
www.bihr.org.uk/resources/guides
British Institute of Human Rights, The Human Rights Act –
Changing Lives, (2nd edition). This is available online at
www.bihr.org.uk/resources/useful-resources
Department for Constitutional Affairs, Review of the
Implementation of the Human Rights Act (July 2006). This is
available online at
www.justice.gov.uk/guidance/docs/full_review.pdf
The Equality and Human Rights Commission, Ours to own:
understanding human rights, (2008). This is available on line at
www.equalityhumanrights.com/en/publicationsandresources/
Pages/Ourstoown.aspx?sort=atoz&fl=O
Reference was also made to Liberty’s website, in particular
http://www.liberty-human-rights.org.uk/issues/human-rights-act/
index.shtml
104
Our corporate members include:
BBC
Channel 4
Daily Mail and General Trust
Disney Channel UK
Guardian Media Group
IPC Media
MTV Networks UK and Ireland
News International
Newsquest Media Group
OMD
Sky
Virgin Media TV
Warner Bros.
Media Trust, 2nd Floor, Riverwalk House, 157-161 Millbank, London SW1P 4RR
Tel +44 (0)20 7217 3717 Email [email protected]
The Media Trust registered charity no. 1042733
www.mediatrust.org